Bill Text: CA SB362 | 2023-2024 | Regular Session | Amended
Bill Title: Data broker registration: accessible deletion mechanism.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 709, Statutes of 2023. [SB362 Detail]
Download: California-2023-SB362-Amended.html
Amended
IN
Assembly
June 29, 2023 |
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
April 10, 2023 |
Introduced by Senator Becker (Principal coauthor: Senator Wiener) (Coauthor: Senator Min) |
February 08, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
The
The
The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.99.80 of the Civil Code is amended to read:1798.99.80.
For purposes of this title:SEC. 2.
Section 1798.99.81 of the Civil Code is amended to read:1798.99.81.
A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury.SEC. 3.
Section 1798.99.82 of the Civil Code is amended to read:1798.99.82.
(a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the California Privacy Protection Agency pursuant to the requirements of this section.(c)A data broker that fails to register as required by this section is subject to injunction and is liable for civil penalties, fees, and costs in an action brought in the name of the people of the State of California by the Attorney General as follows:
(1)A civil penalty of two hundred dollars ($200) for each day the data broker fails to register as required by this section.
(2)An amount equal to the fees that were due during the period it failed to register.
(3)Expenses incurred by the Attorney General in the investigation and prosecution of the action as the court deems appropriate.
(d)
(e)A data broker required to register under this title that fails to comply with the requirements of Section 1798.99.86 is subject to injunction and is liable for civil penalties, fees, and costs in an action brought in the name of the people of the State of California by the Attorney General as follows:
(1)A civil penalty of two hundred dollars ($200) for each deletion request for each day the data broker fails to delete information as required by Section 1798.99.86.
(2)Expenses incurred by the Attorney General in the investigation and prosecution of the action as the court deems appropriate.
(f)
(g)
(h)The California Privacy Protection Agency shall, upon request by
the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action, and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action.
(i)(1)The Attorney General shall not file a civil action pursuant to this section after the California Privacy Protection Agency has issued a decision pursuant to this section for the same underlying conduct.
(2)The California Privacy Protection Agency shall not file an administrative action pursuant to this section after the Attorney General has brought an action pursuant to this section for the same underlying conduct.